[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Rules and Regulations]
[Pages 85124-85126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26490]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2023-0283; FRL-11127-02-R5]


Air Plan Approval; Indiana; Municipal Solid Waste Landfill State 
Plan Approval for Designated Facilities and Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Indiana's state plan to control air pollutants from Municipal Solid 
Waste (MSW) Landfills. The Indiana Department of Environmental 
Management (IDEM) submitted the state plan on March 20, 2023. The 
Indiana MSW landfill state plan was submitted to fulfill the state's 
obligations under section 111(d) of the Clean Air Act (CAA) to 
implement and enforce the requirements under the MSW Landfills Emission 
Guidelines (EG). EPA is approving the state plan.

DATES: This final rule is effective on January 8, 2024.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2023-0283. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays and facility 
closures due to COVID-19. We recommend that you telephone Melissa 
Hulting, Clean Air Strategies Section Supervisor, at (312) 886-2265 
before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Clean Air 
Strategies Section, Air Toxics Branch (AT-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-1151, <a href="/cdn-cgi/l/email-protection#2d5e44484b4b485f5903404c5f4a4c5f48596d485d4c034a425b"><span class="__cf_email__" data-cfemail="75061c1013131007015b1814071214071001351005145b121a03">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever

[[Page 85125]]

``we,'' ``us,'' or ``our'' is used, we mean EPA.

I. Background

    IDEM initially submitted a MSW landfill state plan on September 30, 
1999. EPA approved the state plan, and it became effective on May 30, 
2000 (65 FR 1632). In order to fulfill obligations under CAA section 
111(d) to submit a revised state plan to reflect amendments to the MSW 
landfill EG at 40 CFR part 60, subpart Cf. IDEM submitted a revised MSW 
landfill state plan on March 20, 2023, 326 Indiana Administrative Code 
(IAC) 8-8.2. In this regulation, IDEM incorporated by reference the 
Federal plan located at 40 CFR part 62, subpart OOO to use as the 
underlying rule which implements and enforces the applicable provisions 
under the MSW landfill EG.
    On July 19, 2023, EPA published a proposed approval of Indiana's 
MSW landfill state plan (88 FR 46123). The specific details of 
Indiana's 111(d) state plan submittal and the rationale for EPA's 
proposed approval are discussed in the proposal and technical support 
document and will not be restated here.

II. Response to Public Comments

    EPA provided a 30-day review and comment period for the July 19, 
2023, proposed rule. The comment period ended on August 18, 2023. We 
received one adverse comment. The comment is summarized and addressed 
below.
    Comment: The commenter states that it is hard to determine what 
steps the state is planning to take. The commentor also asserts that 
the specifics of the plan need to be discussed in more detail 
explaining the potential environmental impacts or benefits of the 
implementation, and that the proposal does not explain what will be 
expected with this approval.
    Response: After EGs are promulgated, EPA or the state and local 
regulatory agencies need a Federal plan promulgated under 40 CFR part 
62, or a state plan approved under 40 CFR part 62 to implement and 
enforce the requirements. Under CAA section 111, EPA is authorized to 
transfer primary implementation and enforcement authority for most of 
the Federal standards to state or local regulatory agencies upon 
submittal of a state plan. There are two methods for transferring 
implementation and enforcement authorities to state or local agencies: 
(1) EPA approval of a state plan; and (2) a Memorandum of Agreement 
between EPA and the state which delegates the authority to implement 
and enforce certain portions of the Federal plan. Both actions are 
approved in the Federal Register and codified into 40 CFR part 62.
    Currently, the Federal plan located at 40 CFR part 62, subpart OOO 
applies to all MSW landfills in Indiana that meet the applicability 
requirements. Indiana is seeking implementation and enforcement 
authority through this CAA section 111(d) state plan submittal. No 
additional environmental impacts or benefits will be expected beyond 
those previously described in the Regulatory Impact Analysis for the EG 
which can be found in Docket ID EPA-HQ-OAR-2014-0451. The docket can be 
found on the www.regulations.gov web site. Upon approval of this 
delegation, Indiana becomes the primary implementation and enforcement 
authority for the rule, excluding those authorities specifically 
retained by EPA.

III. Final Action

    EPA is approving Indiana's MSW landfill state plan and amending 40 
CFR part 62 to reflect this approval. EPA received Indiana's MSW 
landfill state plan on March 20, 2023. In this action, EPA is 
finalizing its approval. EPA is also revising 40 CFR part 63.3630, 
62.3631, and 62.3632 to reflect these changes.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a CAA 
section 111(d) submission that complies with the provisions of the CAA 
and applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 7429; 
40 CFR part 60, subparts B and Cf; and 40 CFR part 62, subparts A and 
OOO. Thus, in reviewing CAA section 111(d) state plan submissions, 
EPA's role is to approve state choices, provided that they meet the 
criteria of the CAA. Accordingly, this action merely approves state law 
as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
action:
    <bullet> Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) 14094 (88 FR 21879, April 11, 2023);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA.
    In addition, the CAA 111(d) state plan is not approved to apply on 
any Indian reservation land or in any other area where EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    EPA believes that this action is not likely to change existing 
disproportionate and adverse effects on people of color, low-income 
populations and/or Indigenous peoples. This action approves IDEM's rule 
to implement and enforce EPA's MSW landfill Federal plan that has been 
in effect for MSW landfills since June 21, 2021. EPA

[[Page 85126]]

previously conducted an EJ analysis as part of the revised MSW landfill 
regulations, and determined that the MSW Federal plan increased the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority, low-
income, or indigenous populations. To the extent that any minority, low 
income, or Indigenous subpopulation is disproportionately impacted by 
landfill gas emissions due to the proximity of their homes to sources 
of these emissions, that subpopulation also stands to see increased 
environmental and health benefit from the emission reductions under the 
Federal plan. The results of the demographic analysis are presented in 
the EJ Screening Report for Municipal Solid Waste Landfills, July 2016, 
a copy of which is available in the 2016 MSW Landfills EG Docket 
(Docket ID Item No. EPA-HQ-OAR-2014-0451-0223).
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 5, 2024. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements, Waste treatment 
and disposal.

    Dated: November 21, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 62 is 
amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart P--Indiana

0
2. Amend Sec. Sec.  63.3630, 62.3631, and 62.3632 to read as follows:
* * * * *


Sec.  62.3630  Identification of plan.

    On March 20, 2023, Indiana submitted a revised CAA section 111(d) 
state plan for implementing the revised emission guidelines for 
Municipal Solid Waste (MSW) Landfills. The enforceable mechanism for 
this state plan is a state rule codified in 326 Indiana Administrative 
Code (IAC) 8-8.2. The rule was adopted on September 14, 2022, and 
became effective on March 10, 2023.


Sec.  62.3631  Identification of sources.

    The Indiana CAA section 111(d) state plan for existing MSW 
landfills applies to all MSW landfills for which commenced construction 
on or before July 17, 2014, and have not been modified or reconstructed 
since July 17, 2014.


Sec.  62.3632  Effective Date.

    The Federal effective date of the Indiana CAA Section 111(d) state 
plan for existing MSW landfills is January 8, 2024.

[FR Doc. 2023-26490 Filed 12-6-23; 8:45 am]
BILLING CODE 6560-50-P


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